Telangana High Court
Banoth Mamatha vs The State Of Telangana on 21 June, 2022
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.23042 OF 2021
ORDER:
Heard both sides and perused the material on record.
2. It is submitted by the learned counsel for the petitioner that subject matter of this Writ Petition is squarely covered by the order passed by this Court in W.P.No.44223 of 2018, dated 22.03.2022, wherein paragraph No.15 of the order reads as:
"15. This Court agrees with the contention of Mr. Srinivasa Rao putluri, learned counsel. The said note dated 28.07.2018 was merely issued as a letter to the Sub‐Registrar, Gangadhara, instructing to watch in respect of Survey Numbers appended thereto and restrain all registrations pertaining to those survey numbers until they are entered into list of prohibited properties in the CCA Module. A notification as required under Section ‐ 22A(e) was not issued. Further, the said note dated 28.07.2018 does not specify any reasons as to why the documents should not be registered in terms of Section ‐ 71 of the Act, 1908 and Rule ‐ 58 of the Rules. Therefore, the said note dated 28.07.2018 is set aside.
3. The same is not disputed by the learned Government Pleader for Revenue and fairly stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
Section 71 of the Registration Act, 1908 (for short 'the Act') reads as follows:
Reasons for refusal to register to be recorded -
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
4. In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908, this writ petition is disposed of, directing respondent No. 3 to receive, process and release the subject document, presented by the petitioner, within a period of four (4) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse/receive the document(s) presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.
_____________________________ N.V.SHRAVAN KUMAR, J Date: 21-June-2022 KHRM THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.23042 OF 2021 Date: 21-June-2022 KHRM